36Form of judgment on appeal

#### 36 Form of judgment on appeal (1) Subject to any other Act, the Federal Circuit and Family Court of Australia (Division 1) may, in the exercise of its appellate jurisdiction: (a) affirm, reverse or vary the judgment appealed from; or (b) give such judgment or make such order as, in all the circumstances, it thinks fit, or refuse to make an order; or (c) set aside the judgment appealed from, in whole or in part, and remit the proceeding to the court from which the appeal was brought for further hearing and determination, subject to such directions as the Court thinks fit; or (d) award execution from the Court or, in the case of an appeal from another court, award execution from the Court or remit the cause to that other court, or to a court from which a previous appeal was brought, for the execution of the judgment of the Court. (2) If, in dismissing an appeal under subsection 26(1), the Federal Circuit and Family Court of Australia (Division 1) is of the opinion that the appeal does not raise any question of general principle, it may give reasons for its decision in short form. (3) It is the duty of a court to which a cause is remitted in accordance with paragraph (1)(d) to execute the judgment of the Federal Circuit and Family Court of Australia (Division 1) in the same manner as if it were its own judgment. (4) The powers specified in subsection (1) may be exercised by the Federal Circuit and Family Court of Australia (Division 1) even if the notice of appeal asks that part only of the decision be reversed or varied, and may be exercised in favour of all or any of the respondents or parties, including respondents or parties who have not appealed from or complained of the decision. (5) An interlocutory judgment or order from which there has been no appeal does not operate to prevent the Federal Circuit and Family Court of Australia (Division 1), upon hearing an appeal, from giving such decision upon the appeal as is just.